Sealing an Arrest Record in California
Under California law, individuals who were arrested but not convicted can have their arrest records sealed, preventing them from showing up on most criminal background checks.
The 2018 law, Senate Bill 393 (the CARE Act), has recent been updates to make it simpler to seal your record in California.
Every year, thousands of individuals are arrested, yet the District Attorney's office often does not file charges.
In some instances, charges are filed but later dismissed by the prosecutor for various reasons. Many arrestees are unaware that if they do not take legal steps to safeguard their criminal records, the details of their arrest may stay public and accessible to everyone.
To help readers better understand arrest record sealing in California, our California criminal defense lawyers have provided the review below.
Criteria for Sealing an Arrest Record
According to California Penal Code 851, you can have your arrest record sealed if certain conditions are met, such as no pending charges or prior convictions that disqualify you.
Understanding these specifics helps you determine whether you qualify to seal your record, such as:
- No criminal charges were ever filed following your arrest.
- Criminal charges were initially filed following the arrest, but were later dismissed.
- You were acquitted in a jury trial.
- You were convicted, but the conviction was later vacated or overturned on appeal.
Advantages of Sealing an Arrest Record
In California, a criminal record is public information, but sealing it can protect your privacy and reduce the risk of discrimination from potential employers and landlords.
challenges due to arrest records. Sealing your arrest record can also help you gain college or military acceptance and advance your career through professional certifications.
Once sealed, your arrest record, police report, booking photo, fingerprints, rap sheet, and court records become inaccessible to the public.
Before the law was updated, it was difficult for someone arrested but not convicted to have their record sealed.
As a result, when employers or landlords conducted background checks, they could see the arrest record and potentially discriminate against innocent individuals.
Currently, the detained individual only needs to demonstrate to the judge that their arrest did not result in a conviction.
However, sealing may not be available for certain offenses or federal records, so understanding these limitations ensures you have a complete picture of your options.
Process of Sealing an Arrest Record
Reach out to our experienced criminal defense attorneys to help you navigate the court process for filing a petition to seal your arrest record.
Such a petition must be submitted either to the court that handled the charges related to your arrest or to the court in the county where the arrest took place.
After receiving the petition to seal an arrest record, the prosecuting agency may request a hearing to oppose it. This hearing must occur within 60 days of being served.
During the hearing, a judge will examine your arrest record and determine whether granting your petition aligns with the interests of justice. Your lawyer can present evidence to support your case for granting the petition.
Sealing a California arrest record can be complex. Still, with our experienced defense attorneys, you can feel supported and confident that your case will be carefully reviewed to determine your eligibility.
Contact the Hedding Law Firm for a case review. We represent clients in all Southern California courts, including LA County, Orange, Ventura, Riverside, and San Bernardino counties.
Related Content:
